(1) If a special Act
has been passed authorising the construction of a railway, the Minister may
authorise a person to enter on the land between the authorised limits of
deviation and do anything that under the special Act or the
Public Works Act 1902 is authorised to be done for the purposes of
constructing the railway and any ancillary public works, in all respects as if
the necessary taking order had been made for the purposes of the railway.
(2) The Minister or
person authorised must, as far as is practicable, before entering on any land
under this section —
(a) give
to the principal proprietor, the occupier, and to the holders of any native
title rights and interests, not less than 7 days notice in writing, giving a
description of the area of the land to be entered on, a description of what is
proposed to be done, and the time that it is expected to take; and
(b)
advise the persons mentioned in paragraph (a) of the effect of this section
and the procedures under this Part and Part 10 for the taking of land, payment
of purchase money or compensation for land taken, rights of appeal or review
and rights as to the future disposition of land taken by agreement or
compulsorily taken, unless they have already been given that advice.
[Section 183 amended: No. 31 of 2003 s. 167(2);
No. 55 of 2004 s. 567.]